IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MiiCs & Partners, America, Inc.
and Gold Charm Limited
Plaintiffs,
v.
Funai Electric Co., Ltd., P&F
USA, Inc. and Funai Corporation,
Inc.
Defendants.
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Civil Action No. __________
JURY TRIAL DEMANDED
COMPLAINT FOR PATENT INFRINGEMENT
COMES NOW, MiiCs & Partners, America, Inc. (“MiiCs”) and Gold Charm
Limited (“Gold Charm”) (collectively referred to herein as “Plaintiffs”), by and
through their undersigned counsel, and for their complaint against the defendants
Funai Electric Co., Ltd., P&F USA, Inc. and Funai Corporation, Inc., (jointly
referred to herein as “Funai”), aver as follows:
NATURE OF THE ACTION
1.
This is a civil action arising under the laws of the United States,
specifically for patent infringement arising under the Patent Laws of the United
States, Title 35 of the United States Code, §§ 1 et seq.
THE PARTIES
2.
MiiCs & Partners, America, Inc. is a corporation organized under the
laws of the State of Delaware, having a principal place of business at 749 Haycock
Run Road, Kintnersville, PA 18930.
3.
Gold Charm Limited is an entity organized under the laws of the
Independent State of Samoa, having a principal place of business at Offshore
Chambers, P.O. Box 217, Apia, Independent State of Samoa. Gold Charm Limited
is a wholly owned subsidiary of Hon Hai Precision Industry Co., Ltd. (“Hon Hai”),
which is a joint-design, joint-development, manufacturing, assembly and aftersales services company to global computer, communication and consumerelectronics companies.
4.
Upon information and belief, defendant Funai Electric Co., Ltd. is a
corporation organized under the laws of Japan, having its principal place of
business at 7-7-1 Nakagaito, Daito city, Osaka 574-0013, Japan.
5.
Upon information and belief, defendant P&F USA, Inc. is a
corporation organized under the laws of Georgia, having its principal place of
business at 3015 Windward Plaza, Suite 100, Alpharetta, Georgia 30005. P&F
USA, Inc. is a wholly owned subsidiary of Funai Electric Co., Ltd.
6.
Upon information and belief, defendant Funai Corporation, Inc. is a
corporation organized under the laws of New Jersey, having its principal place of
2
business at 201 State Route 17, Suite 903, Rutherford, New Jersey 07070. Funai
Corporation, Inc. is a wholly owned subsidiary of Funai Electric Co., Ltd.
JURISDICTION AND VENUE
7.
This action arises under the Patent Laws of the United States of
America, 35 U.S.C. § 1, et seq., including but not limited to 35 U.S.C. §§ 271, 281,
and 283-285. This Court has subject matter jurisdiction over this action pursuant
to 28 U.S.C. §§ 1331-32 and 1338(a).
8.
This Court has personal jurisdiction over Funai at least because the
Funai has substantial, continuing, and on-going contacts with this State and judicial
district, and Funai has sold and continues to sell into this State and judicial district
the products at issue in this case.
9.
Venue is proper in this judicial district pursuant to Title 28, U.S.C. §§
1391(b)-(d) and § 1400(b) in that acts of patent infringement and unfair
competition are occurring within this judicial district, and Funai is subject to
personal jurisdiction in this District.
10.
Funai is in the business of manufacturing, selling, offering for sale,
and importing televisions, monitors, panels and similar devices.
FACTS
11.
In or about 2012, Hon Hai evaluated the investment in, or acquisition
of, a display manufacturing facility owned by Sharp Corporation. As part of its
3
due diligence relating to the potential investment or acquisition, Hon Hai sought to
acquire a display technology patent portfolio.
12.
In or about 2012, Hon Hai reviewed a display technology patent
portfolio owned by NEC Corporation (“NEC Patent Portfolio”) in relation to its
acquisition of the Sharp Corporation manufacturing facility. The NEC Patent
Portfolio included U.S. Patent Nos. 6,417,833; 5,850,275; 5,966,589; 6,909,053;
6,211,534; 6,734,927; 5,995,176; 7,460,190 and 5,870,163 (“Asserted Patents”).
13.
In or about 2012, Hon Hai formed plaintiff Gold Charm as a holding
company for a number of Hon Hai patents, including the NEC Patent Portfolio.
The NEC Patent Portfolio was assigned to Hon Hai’s intellectual property holding
company, plaintiff Gold Charm.
14.
Plaintiff Gold Charm is the assignee of all right, title, and interest in
and to the Asserted Patents via a November 30, 2012 assignment from NEC
Corporation.
15.
Plaintiff MiiCs is a licensee of the Asserted Patents holding, all
substantial rights in the Asserted Patents, including the right to make, have made,
use, import, offer to sell or sell products covered by the Asserted Patents, to sue
and collect past, present and future damages under the Asserted Patents and to seek
injunctive relief or any other relief for infringement of the Asserted Patents.
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16.
Plaintiff MiiCs is in the business of fostering open innovation and
assisting patent holders to manage their patent portfolios, including the sale or
licensing of intellectual property.
17.
Plaintiff MiiCs assists in the management, sales and
commercialization of various aspects of Hon Hai’s intellectual property, including
patents assigned to plaintiff Gold Charm. To that end, in April 2014, MiiCs
facilitated the sale of a number of Hon Hai’s communication technology patents to
Google, Inc.
18.
On June 9, 2000, U.S. Patent Application No. 09/591,580 (“the ‘580
application”) was filed.
19.
On July 9, 2002, the ‘580 application was issued by the U.S. Patent
and Trademark Office (“USPTO”) as U.S. Patent No. 6,417,833, titled “Liquid
Crystal Display Apparatus and Method for Lighting Backlight Thereof” (“the ‘833
patent”). A true and correct copy of the ‘833 patent is attached hereto as Exhibit A
and is incorporated by reference as if fully set forth herein.
20.
The claims of the ‘833 patent are valid and enforceable.
21.
The ‘833 patent discloses and claims various novel and unique
features relating to liquid crystal displays.
22.
Gold Charm is the assignee of all right, title, and interest in and to the
‘833 patent and MiiCs is the licensee of the ’833 patent possessing rights to
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recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
23.
Funai has not sought, nor obtained, a license under the ‘833 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘833
patent.
24.
On January 29, 1997, U.S. Patent Application No. 08/789,429 (“the
‘429 application”) was filed.
25.
On December 15, 1998, the ‘429 application was issued by the
USPTO as U.S. Patent No. 5,850,275, titled “Liquid Crystal Display” (“the ‘275
patent). A true and correct copy of the ‘275 patent is attached hereto as Exhibit B
and is incorporated by reference as if fully set forth herein.
26.
The claims of the ‘275 patent are valid and enforceable.
27.
The ‘275 patent discloses and claims various novel and unique
features relating to a liquid crystal display.
28.
Gold Charm is the assignee of all right, title, and interest in and to the
‘275 patent and MiiCs is the licensee of the ‘275 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
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29.
Funai has not sought, nor obtained, a license under the ‘275 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘275
patent.
30.
On December 12, 1997, U.S. Patent Application No. 08/989,573 (“the
‘573 application) was filed.
31.
On October 12, 1999, the ‘573 application was issued by the USPTO
as U.S. Patent No. 5,966,589, titled “Method of Fabricating Thin Film Transistor
Array” (“the ‘589 patent). A true and correct copy of the ‘589 patent is attached
hereto as Exhibit C and is incorporated by reference as if fully set forth herein.
32.
The claims of the ‘589 patent, in view of the Disclaimer in Patent
Under 37 CFR § 1.321(a), filed June 24, 2014, are valid and enforceable.
33.
The ‘589 patent discloses and claims various novel and unique
features relating to thin film transistor arrays.
34.
Gold Charm is the assignee of all right, title, and interest in and to the
‘589 patent and MiiCs is the licensee of the ‘589 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
35.
Funai has not sought, nor obtained, a license under the ‘589 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
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import any products embodying the invention disclosed and claimed in the ‘589
patent.
36.
On September 27, 2002, U.S. Patent Application No. 10/259,543 (“the
‘543 application”) was filed.
37.
On June 21, 2005, the ‘543 application was issued by the USPTO as
U.S. Patent No. 6,909,053, titled “Circuit Substrate Connecting Structure, Liquid
Crystal Display Device having the Connecting Structure and Mounting Method of
Liquid Crystal Display Device” (“the ‘053 patent”). A true and correct copy of the
‘053 patent is attached hereto as Exhibit D and is incorporated by reference as if
fully set forth herein.
38.
The claims of the ‘053 patent are valid and enforceable.
39.
The ‘053 patent discloses and claims various novel and unique
features relating to liquid crystal displays.
40.
Gold Charm is the assignee of all right, title, and interest in and to the
‘053 patent and MiiCs is the licensee of the ‘053 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
41.
Funai has not sought, nor obtained, a license under the ‘053 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
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import any products embodying the invention disclosed and claimed in the ‘053
patent.
42.
On May 12, 1999, U.S. Patent Application No. 09/310,574 (“the ‘574
application”) was filed.
43.
On April 3, 2001, the ‘574 application was issued by the USPTO as
U.S. Patent No. 6,211,534, titled “Thin Film Transistor Array and Method for
Fabricating the Same” (“the ‘534 patent”). A true and correct copy of the ‘534
patent is attached hereto as Exhibit E and is incorporated by reference as if fully set
forth herein.
44.
The claims of the ‘534 patent are valid and enforceable.
45.
The ‘534 patent discloses and claims various novel and unique
features relating to liquid crystal displays.
46.
Gold Charm is the assignee of all right, title, and interest in and to the
‘534 patent and MiiCs is the licensee of the ‘534 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
47.
Funai has not sought, nor obtained, a license under the ‘534 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘534
patent.
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48.
On November 14, 2002, U.S. Patent Application No. 10/293,487 (“the
‘487 application”) was filed.
49.
On May 11, 2004, the ‘487 application was issued by the USPTO as
U.S. Patent No. 6,734,927, titled “Liquid Crystal Display and Method of
Fabricating Same” (“the ‘927 patent”). A true and correct copy of the ‘927 patent
is attached hereto as Exhibit F and is incorporated by reference as if fully set forth
herein.
50.
The claims of the ‘927 patent are valid and enforceable.
51.
The ‘927 patent discloses and claims various novel and unique
features relating to a liquid crystal display.
52.
Gold Charm is the assignee of all right, title, and interest in and to the
‘927 patent and MiiCs is the licensee of the ‘927 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
53.
Funai has not sought, nor obtained, a license under the ‘927 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘534
patent.
54.
On March 21, 1997, U.S. Patent Application No. 08/821,930 (“the
‘930 application”) was filed.
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55.
On November 30, 1999, the ‘930 application was issued by the
USPTO as U.S. Patent No. 5,995,176, titled “Liquid Crystal Display Apparatus
having Pixels of Different Orientation of Liquid Crystal Capable of Shielding
Leakage of Light Through the Discontinuity of Orientation” (“the ‘176 patent”). A
true and correct copy of the ‘176 patent is attached hereto as Exhibit G and is
incorporated by reference as if fully set forth herein.
56.
The claims of the ‘176 patent are valid and enforceable.
57.
The ‘176 patent discloses and claims various novel and unique
features relating to a liquid crystal display.
58.
Gold Charm is the assignee of all right, title, and interest in and to the
‘176 patent and MiiCs is the licensee of the ‘176 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
59.
Funai has not sought, nor obtained, a license under the ‘176 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘176
patent.
60.
On August 20, 2004, U.S. Patent Application No. 10/923,432 (“the
‘432 application”) was filed.
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61.
On December 2, 2008, the ‘432 application was issued by the USPTO
as U.S. Patent No. 7,460,190, titled “LCD Device Including a TFT for Reducing
Leakage Currant” (“the ‘190 patent”). A true and correct copy of the ‘190 patent is
attached hereto as Exhibit H and is incorporated by reference as if fully set forth
herein.
62.
The claims of the ‘190 patent are valid and enforceable.
63.
The ‘190 patent discloses and claims various novel and unique
features relating to liquid crystal displays.
64.
Gold Charm is the assignee of all right, title, and interest in and to the
‘190 patent and MiiCs is the licensee of the ‘190 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
65.
Funai has not sought, nor obtained, a license under the ‘190 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘190
patent.
66.
On January 31, 1997, U.S. Patent Application No. 08/791,612 (“the
‘612 application”) was filed.
67.
On February 9, 1999, the ‘612 application was issued by the USPTO
as U.S. Patent No. 5,870,163, titled “LCD Device with Connection Lines having
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Different Resistances” (“the ‘163 patent”). A true and correct copy of the ‘163
patent is attached hereto as Exhibit I and is incorporated by reference as if fully set
forth herein.
68.
The claims of the ‘163 patent are valid and enforceable.
69.
The ‘163 patent discloses and claims various novel and unique
features relating to liquid crystal displays.
70.
Gold Charm is the assignee of all right, title, and interest in and to the
‘163 patent and MiiCs is the licensee of the ‘163 patent possessing rights to
recovery and holding all rights to sue for infringement, recourse for damages, and
to seek injunctive relief.
71.
Funai has not sought, nor obtained, a license under the ‘163 patent and
is not authorized or permitted to market, manufacture, use, offer for sale, sell or
import any products embodying the invention disclosed and claimed in the ‘163
patent.
72.
Upon information and belief, for all times relevant to this Complaint,
Funai has been making, using, manufacturing, selling, offering for sale or
importing products covered by one or more claims of the Asserted Patents, and
continues to do so to this day. By way of example, these products include, but are
not limited to: the Philips 40” LED TV (Model No. 40PFL5708/F7), the Philips
40” LCD TV (Model No. 40PFL5706/F7), the Magnavox LED/LCD TV (Model
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No. 26ME402V) and the Emerson LED TV (Model No. LD280EM4) (collectively
referred to herein as “Accused Products”).
73.
Upon information and belief, for at all times relevant to this
Complaint, Funai has manufactured, used, sold or offered for sale many of the
components found in the Accused Products which are covered by one or more
claims of the Asserted Patents and continues to do so to this day.
74.
On information and belief, Funai knew or should have known that the
Accused Products would be and are placed in the stream of U.S. commerce and
actively offered for sale or sold the Accused Products to residents in the State of
Delaware and elsewhere.
75.
Funai has not sought, nor obtained, a license under the Asserted
Patents and is not authorized or permitted to market, manufacture, use, offer for
sale, sell or import any products embodying the invention disclosed and claimed in
the Asserted Patents, including, but not limited to, the Accused Products.
COUNT I
INFRINGEMENT OF THE ‘833 PATENT
76.
Plaintiffs re-allege and incorporate by reference paragraphs 1 through
75 of this Complaint as though fully set forth herein.
77.
The ‘833 patent is presumed valid pursuant to 35 U.S.C. § 282.
78.
All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘833 patent.
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79.
Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘833
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
80.
Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
81.
Upon information and belief, Funai has been and is directly infringing
the ’833 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having liquid crystal displays that
practice one or more claims of the ’833 patent in violation of § 271(a), including,
but not limited to, the Philips 40” LCD TV (Model No. 40PFL5706/F7) and other
similar products, as well as additional Funai thin-film-transistor LCD panels,
modules, displays, devices or related products having various Funai part numbers.
COUNT II
INFRINGEMENT OF THE ‘275 PATENT
82.
Plaintiffs re-allege and incorporate by reference paragraphs 1 through
81 of this Complaint as though fully set forth herein.
83.
The ‘275 patent is presumed valid pursuant to 35 U.S.C. § 282.
84.
All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘275 patent.
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85.
Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘275
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
86.
Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
87.
Upon information and belief, Funai has been and is directly infringing
the ’275 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having liquid crystal displays that
practice one or more claims of the ’275 patent in violation of § 271(a), including,
but not limited to, the Philips LCD TV (Model No. 40PFL5706/F7), the Philips
LED TV (Model No. 40PFL5708/F7), the Magnavox LED/LCD TV (Model No.
26ME402V), the Emerson LED TV (Model No. LD280EM4) and other similar
products.
COUNT III
INFRINGEMENT OF THE ‘589 PATENT
88.
Plaintiffs re-allege and incorporate by reference paragraphs 1 through
87 of this Complaint as though fully set forth herein.
89.
The ‘589 patent is presumed valid pursuant to 35 U.S.C. § 282.
90.
All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘589 patent.
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91.
Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘589
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
92.
Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
93.
Upon information and belief, Funai has been and is directly infringing
the ’589 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having a thin film transistor array
made by a method that practices one or more claims of the ’589 patent in violation
of § 271(a), including, but not limited to, the Emerson LED TV (Model No.
LD280EM4) and other similar products.
COUNT IV
INFRINGEMENT OF THE ‘053 PATENT
94.
Plaintiffs re-allege and incorporate by reference paragraphs 1 through
93 of this Complaint as though fully set forth herein.
95.
The ‘053 patent is presumed valid pursuant to 35 U.S.C. § 282.
96.
All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘053 patent.
97.
Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘053
17
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
98.
Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
99.
Upon information and belief, Funai has been and is directly infringing
the ’053 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having circuit boards that practice one
or more claims of the ’053 patent in violation of § 271(a), including, but not
limited to, the Philips 40” LED TV (Model No. 40PFL5708/F7) and the Philips
40” LCD TV (Model No. 40PFL5706/F7) and other similar products.
COUNT V
INFRINGEMENT OF THE ‘534 PATENT
100. Plaintiffs re-allege and incorporate by reference paragraphs 1 through
99 of this Complaint as though fully set forth herein.
101. The ‘534 patent is presumed valid pursuant to 35 U.S.C. § 282.
102. All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘534 patent.
103. Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘534
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
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104. Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
105. Upon information and belief, Funai has been and is directly infringing
the ‘534 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having thin film transistor arrays that
practice one or more claims of the ’534 patent in violation of § 271(a), including,
but not limited to, the Emerson LED TV (Model No. LD280EM4) and other
similar products.
COUNT VI
INFRINGEMENT OF THE ‘927 PATENT
106. Plaintiffs re-allege and incorporate by reference paragraphs 1 through
105 of this Complaint as though fully set forth herein.
107. The ‘927 patent is presumed valid pursuant to 35 U.S.C. § 282.
108. All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘927 patent.
109. Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘927
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
110. Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
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111. Upon information and belief, Funai has been and is directly infringing
the ’927 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having liquid crystal displays that
practice one or more claims of the ’927 patent in violation of § 271(a), including,
but not limited to, the Emerson LED TV (Model No. LD280EM4) and other
similar products.
COUNT VII
INFRINGEMENT OF THE ‘176 PATENT
112. Plaintiffs re-allege and incorporate by reference paragraphs 1 through
111 of this Complaint as though fully set forth herein.
113. The ‘176 patent is presumed valid pursuant to 35 U.S.C. § 282.
114. All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘176 patent.
115. Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘176
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
116. Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
117. Upon information and belief, Funai has been and is directly infringing
the ‘176 patent by making, using, offering for sale, selling, or importing in or into
20
the United States, without authority, devices having liquid crystal displays that
practice one or more claims of the ‘176 patent in violation of § 271(a), including,
but not limited to, the Philips 40” LED TV (Model No. 40PFL5708/F7) and other
similar products.
COUNT VIII
INFRINGEMENT OF THE ‘190 PATENT
118. Plaintiffs re-allege and incorporate by reference paragraphs 1 through
117 of this Complaint as though fully set forth herein.
119. The ‘190 patent is presumed valid pursuant to 35 U.S.C. § 282.
120. All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘190 patent.
121. Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘190
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
122. Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
123. Upon information and belief, Funai has been and is directly infringing
the ’190 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having liquid crystal displays that
practice one or more claims of the ’190 patent in violation of § 271(a), including,
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but not limited to, the Philips 40” LED TV (Model No. 40PFL5708/F7), the
Emerson LED TV (Model No. LD280EM4) and other similar products.
COUNT IX
INFRINGEMENT OF THE ‘163 PATENT
124. Plaintiffs re-allege and incorporate by reference paragraphs 1 through
123 of this Complaint as though fully set forth herein.
125. The ‘163 patent is presumed valid pursuant to 35 U.S.C. § 282.
126. All requirements of 35 U.S.C. § 287 have been satisfied with respect
to the ‘163 patent.
127. Upon information and belief, Funai has been and is currently
engaging in acts which constitute infringement of one or more claims of the ‘163
patent in the United States, including, but not limited to, within this judicial
district, in violation of 35 U.S.C. § 271.
128. Upon information and belief, for all times relevant, some or all of the
Accused Products were introduced into the marketplace by Funai.
129. Upon information and belief, Funai has been and is directly infringing
the ‘163 patent by making, using, offering for sale, selling, or importing in or into
the United States, without authority, devices having liquid crystal displays that
practice one or more claims of the ’163 patent in violation of § 271(a), including,
but not limited to, the Philips 40” LED TV (Model No. 40PFL5708/F7), the
Philips 40” LCD TV (Model No. 40PFL5706/F7), the Magnavox LED/LCD TV
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(Model No. 26ME402V), the Emerson LED TV (Model No. LD280EM4) and
other similar products.
JURY DEMAND
Plaintiffs hereby demand a jury trial on all issues appropriately triable by
jury.
PRAYER FOR RELIEF
WHEREFORE, MiiCs & Partners, America, Inc. and Gold Charm Limited
pray for judgment in their favor and against defendants Funai Electric Co., Ltd.,
P&F USA, Inc. and Funai Corporation, Inc. and request that this Court:
(a)
enter a finding and a judgment in favor of MiiCs and Gold Charm and
against Funai for patent infringement in an amount to be ascertained and in an
amount adequate to compensate MiiCs and Gold Charm for Funai’s infringement
of one or more claims of the Asserted Patents, including, but not limited to, Funai’s
profits, and in no event less than a reasonable royalty for the use made of the
invention by Funai together with prejudgment and post-judgment interest and costs
as fixed by the Court, as provided by 35 U.S.C. § 284;
(b)
enter a preliminary and permanent injunction against further and
continued infringement of the claims of the Asserted Patents by Funai as provided
by 35 U.S.C. § 283;
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(c)
declare that this case is exceptional and award MiiCs and Gold Charm
their reasonable attorney fees as the prevailing party, as provided by 35 U.S.C. §
285; and
(d)
grant MiiCs and Gold Charm such other and further relief as the Court
may deem just and appropriate.
Of Counsel:
PANITCH SCHWARZE BELISARIO & NADEL, LLP
Frederick A. Tecce
Kimberly S. Chotkowski
Stephen E. Murray
Patrick T. Igoe
By:/s/Patricia Smink Rogowski
Patricia Smink Rogowski (Bar No. 2632)
John D. Simmons (Bar No. 5996)
Dennis J. Butler (Bar No. 5981)
Aaron Ettelman (Bar No. 5003)
Applied Bank Center
2200 Concord Pike, Suite 201
Wilmington, DE 19803
Telephone: (302) 824-7072
progowski@panitchlaw.com
jsimmons@panitchlaw.com
dbutler@panitchlaw.com
aettelman@panitchlaw.com
PANITCH SCHWARZE BELISARIO & NADEL
LLP
One Commerce Square
2005 Market Street, Suite 2200
Philadelphia, PA 19103
Telephone: (215) 965-1330
ftecce@panitchlaw.com
kchotkowski@panitchlaw.com
smurray@panitchlaw.com
pigoe@panitchlaw.com
Attorneys for Plaintiffs, MiiCs & Partners, America, Inc. and Gold Charm Limited
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